How to change your name or gender marker on California and federal documents

This page is general information, not legal advice. Do Not Lose Hope is not a law office. If you have a pending immigration case, talk to an immigration lawyer or a DOJ accredited representative before you file. Free help is on Free legal help in the Bay Area.

How do I change my name in court?

In California you ask the superior court for a Decree Changing Name. When you file, the clerk gives you a date when a judge will decide. The California Courts self help page lays out four steps:

1. File your forms. The fee is $435 to $450. If you cannot afford it, ask the court to waive it with a fee waiver request.
2. Publish a notice in a newspaper for one month, in the legal notices section. The newspaper charges for this. You skip this step if your new name matches your gender identity.
3. Serve the other parent if you are changing a child's name and that parent did not sign.
4. Wait for the decision. A judge decides in about 2 to 3 months.

You may not even need to go to a hearing. If no one files an objection at least two court days before the hearing date, the court can grant the change without one (Code of Civil Procedure 1278, checked October 21, 2026).

Where to file. File in the county where you live. The court's local self help center can review your forms before you file. Find your court with the court locator.

If you live outside California but were born or married here, you can still use a California court to change those California records. Different filing rules apply (NC-300-INFO).

Some people face extra rules. A person who must register under Penal Code 290 will usually be denied unless the court finds the change is in the interest of justice and safe for the public. People in state prison or county jail can petition, but must give a copy to the prison or the sheriff (Code of Civil Procedure 1279.5, checked October 21, 2026).

Other routes. Marriage, divorce and naturalization each have their own way to change a name. See Can I change my name when I become a citizen?.

How do I change my name to match my gender identity?

Use the 200 series forms: NC-200 (petition), NC-230 (decree), CM-010 (cover sheet), and NC-225 only if you check item 4 on NC-200 (California Courts, checked October 21, 2026). You do not have to publish a newspaper notice (California Courts).

Your case file is private. Under SB 59 (Chapter 738, Statutes of 2025), court records for name changes that match a person's gender identity, and for gender marker changes, are confidential for petitions filed on or after July 1, 2026. If you filed earlier, you can ask the court to make your old records confidential (CalMatters Digital Democracy, SB 59, checked October 21, 2026). That request is free: the law says you can make it without paying a filing fee (Health and Safety Code 103437(c)(2), checked October 21, 2026).

Do I need a court order to change my gender marker?

Not for most California records. The courts say you do not need a court order to change the gender on your California birth certificate, your California driver's license, or your California marriage license if your spouse agrees (California Courts, checked October 21, 2026). Other states may ask for a court order, which is one reason some people still get one.

If you want a court order, adults file form NC-300 with the proposed order NC-330. You can ask for female, male or nonbinary. You can add a name change and new birth or marriage certificates to the same petition. If no one files a timely objection, the court signs the order without a hearing. Minors use form NC-500 (NC-300-INFO, rev. July 1, 2026).

Birth certificate. You can ask the State Registrar (California Department of Public Health) directly for a new birth certificate that shows your gender (NC-300-INFO). CDPH charges $26 to change the sex field on a birth record, with one free copy (CDPH Vital Records Fees, checked October 21, 2026). Ask CDPH Vital Records which application to send for a gender change. For a court ordered name change, CDPH uses form VS 23 and charges $26, with one free copy.

Driver's license or ID. Since January 1, 2019, you can choose M, F or X (nonbinary) at the DMV (DMV).

The court warns that a nonbinary marker may not work on some federal or out of state IDs (California Courts). The next section explains why.

What changed at federal agencies?

We will be straight with you. Federal rules moved backward in 2025, and that is still true on October 21, 2026.

Passports. The State Department now issues passports with an M or F marker that matches sex at birth. It no longer issues an X. This follows Executive Order 14168 (January 20, 2025) and the Supreme Court's November 6, 2025 order that paused a lower court injunction in Orr v. Trump (State Department, updated March 16, 2026). A passport you already have stays valid until it expires or is replaced. Passports are for U.S. citizens, including naturalized citizens and U.S. born children.

Changing the name on a passport. If your passport is less than one year old, use Form DS-5504 by mail, with no fee unless you pay $60 to expedite. If it is older, renew with DS-82 if you qualify, or apply in person with DS-11, and regular fees apply (State Department). After you naturalize, see You are a citizen now: passport and voting.

USCIS. Since April 2, 2025, USCIS recognizes only male and female. It uses the sex on the birth certificate issued at or nearest to birth, and it will not issue a document with a different sex or a blank sex field. USCIS says it will not deny a benefit only because of how you filled in sex, but there may be delays (USCIS news release, April 2, 2025, checked October 21, 2026).

Social Security. You can change your name with SSA, and it is free (California Courts). SSA's own staff manual says it now changes the sex field only to reflect your sex at birth (SSA POMS RM 10212.200, updated June 5, 2026, checked October 21, 2026). That means SSA will not change your Social Security record to match your gender identity.

In what order should I update my documents?

Order matters, because agencies check each other.

1. Get your court order (Decree Changing Name, or NC-330). Ask the clerk for several certified copies.
2. Social Security first, if you have a number. The DMV checks your name with SSA, and if they do not match, your DMV application is denied (DMV). Start online, or make an office appointment. Your card comes in 5 to 10 business days (SSA).
3. DMV. Apply online, then go to a field office. "Your name change is not complete until you come into a field office," says the DMV. Bring your current card and your proof documents, pay the fee and scan your thumbprint. For REAL ID, bring proof of identity, your Social Security number and two proofs of California residency. You get a temporary license for 60 days, and your card should come in 3 to 4 weeks.
4. Birth and marriage records with CDPH or your county.
5. Immigration documents, if you have them. See the next section.
6. Everyone else: bank, employer, school, health plan, Medi-Cal, IRS or FTB, insurance, utilities. The courts say there is "no one place" to update all your records (California Courts).

If you have an AB 60 license and no Social Security number, the DMV page does not explain how the SSA check works for you. Ask at the field office. See Driver's license without papers.

What if I am an immigrant?

You can use California courts. A name change petition is filed in superior court like any other civil case. The court steps on the self help pages do not include any immigration status requirement.

But think about timing. Your immigration file is under your old name. A new name in the middle of a case can cause mismatches. Talk to an immigration lawyer before you file if you have a pending green card, naturalization, DACA, asylum or court case.

Green card holders. To get a green card in your new legal name, file Form I-90. The fee is $465 on paper or $415 online (Form G-1055, edition 10/16/26, checked October 19, 2026). The new card will list sex the way USCIS policy now requires, as explained above.

If you have DACA, TPS or another work permit, ask a lawyer or accredited representative how to update your card. We did not confirm a specific USCIS rule for this.

Protect your safety. If you are changing your name to stay safe from someone who hurt you, and you are in California's Safe at Home program, the law lets you skip the newspaper notice and keep your new name confidential, on file with the Secretary of State (Code of Civil Procedure 1277(b); Safe at Home). See Survivor help.

Can I change my name when I become a citizen?

Yes. Ask on your N-400, or at your interview, where the officer may have you sign a name change petition. Your oath ceremony must be in front of a judge for the change to happen there. Your new name goes on your Certificate of Naturalization (California Courts, checked October 21, 2026). Your other records do not update by themselves. Take a copy of your certificate to each agency. See What happens at your citizenship interview and oath ceremony.

What mistakes should I avoid?

• Going to the DMV before SSA. Your DMV application can be denied.
• Ordering only one certified copy of your court order. You will need several.
• Traveling right after a change with tickets in a new name and a passport in the old one. Names must match.
• Paying a "name change service" that is not a lawyer. Court self help centers help for free.
• Assuming an X marker works everywhere. It does not work on U.S. passports or USCIS documents right now.

Update order checklist

Questions people ask

Will my name change show up online? For gender identity name changes and gender marker changes filed on or after July 1, 2026, court records are confidential. Regular name changes still require a newspaper notice.

Can I do this without a lawyer? Yes. Most people use the court forms and the free self help center. Get a lawyer if you have an immigration case, a criminal record question, or someone objects.

I cannot afford $450. Ask for a fee waiver with form FW-001 when you file.

Can my teen change their gender marker? Minors use form NC-500 in court. A parent or guardian usually files. Ask your court's self help center.

I already have an X on my California license. Is it still valid? Yes, for California. It may not be accepted by some federal agencies or other states.

Who can help

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your superior court self help center: free help with forms. Find it with the court locator.
• Social Security: 1-800-772-1213, TTY 1-800-325-0778.
• DMV field offices: find an office.
• Immigration legal help: see Free legal help in the Bay Area and Immigration issues LGBTQ+ immigrants should know about.
• Support while you do this: Where LGBTQ+ people can find affirming counseling.

Your name is yours. Take it one document at a time.